Sec. 11. (a) The commission shall review and make a determination on a complaint by a licensee concerning an investigative procedure that the licensee alleges is unnecessarily disruptive of gambling games at racetracks.

     (b) A licensee filing a complaint under this section must prove all of the following by clear and convincing evidence:

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Terms Used In Indiana Code 4-35-4-11

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(1) The investigative procedure had no reasonable law enforcement purpose.

(2) The investigative procedure was so disruptive as to unreasonably inhibit gambling games at racetracks.

     (c) For purposes of this section, the need to inspect and investigate a licensee shall be presumed at all times.

As added by P.L.233-2007, SEC.21.

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